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2025 DAILYLAW 6501 (ORI)

DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO.LTD,BBSR v. KRISHNA DEVI

FAO/557/2025 · 2026-05-12

B P Routray

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.557 of 2025 Divisional Manager, The Oriental Insurance Co. Ltd., Bhubaneswar …. Appellant Ms. R. Pati, Advocate -versus- Krishna Devi and another …. Respondents Mr. A Sarangi, Advocate for Respondent No.1 CORAM: JUSTICE B. P. ROUTRAY ORDER 12.05.2026 Order No. I.A. No.1056 of 2025 05. 1. Heard Ms. R. Pati, learned counsel for the Appellant- Insurance Company and Mr. A. Sarangi, learned counsel for the Respondent No.1-claimant. 2. Upon hearing both parties and considering the grounds mentioned in the limitation petition, the delay in filing the appeal is condoned. 3. The I.A. is disposed of. FAO No.557 of 2025 4. Present appeal by the insurer is directed against the judgment and award dated 26.10.2025 passed in E.C. Case No.21/2023 by the Commissioner for Employee’s Compensation and Joint Labour Commissioner, Rourkela, wherein compensation to the tune of Rs.13,25,288/- along with interest @12% per annum from the date of accident has been granted to the claimant-Respondent Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 15-May-2026 14:58:00 Signature Not Verified No.1 on account of death of the deceased in course of and arising out of the employment as a Driver in Truck bearing Registration No.OD-04-N-1500 belonging to Respondent No.2. 5. In course of hearing, it is submitted by Mr. Sarangi, learned counsel for claimant-Respondent No.1, that a consolidated amount of Rs.15,60,000/- as compensation would satisfy his purpose. Accordingly, when Appellant-Insurer is suggested with aforesaid amount, Ms. Pati, learned counsel for the Appellant leaves it to the discretion of the court. As such, the reduced compensation of Rs.15,60,000/- as suggested on behalf of claimant-Respondent No.1 and not objected by the Appellant- Insurer, is determined. 6. Since the entire award amount has been deposited before the learned Commissioner, out of the same, a consolidated sum of Rs.15,60,000/- (Rupees Fifteen Lakhs Sixty Thousand only) along with accrued interest thereof be disbursed in favour of the claimant-Respondent No.1 within a period of two months from today. The rest amount along with proportionate accrued interest shall be refunded to the insurer – Appellant. 7. With aforesaid modification of the award, the FAO is disposed of. 8. An urgent certified of this order be granted on proper application. ( B.P. Routray) Judge B.K. Barik